Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 7 of 7
Full-Text Articles in Entire DC Network
“Incorrigibility Is Inconsistent With Youth”: The Supreme Court’S Missed Opportunity To Cure The Contradiction Implicit In Discretionary Jlwop Sentencing, Ana Ionescu
University of Miami Law Review
The juvenile life without parole (“JLWOP”) caselaw is based in part on the science underlying adolescent brain development. Numerous research studies have examined the behaviors and brain processes of adolescents. Courts have relied on these findings in reaching some of its most important decisions affecting juveniles implicated in the criminal justice system. The latest of those decisions came in 2021 with the Jones v. Mississippi case before the United States Supreme Court. The Court held that a sentencing court is not required to make a specific finding of permanent incorrigibility before sentencing the juvenile defendant to life without parole. This …
Informed Consent: Disclosure Of The Presentence Investigation Report Before A Guilty Plea, George D. Bell
Informed Consent: Disclosure Of The Presentence Investigation Report Before A Guilty Plea, George D. Bell
University of Miami Law Review
The Constitution bestows upon all accused persons the right to a trial by jury, the right to confront accusers, the right to remain silent, and the right to be presumed innocent. The law requires waiver of these rights to be done voluntarily, with the fullest possible knowledge of material consequences. Punishment is possibly the most material consequence of a guilty plea, yet criminal defendants who pleaded guilty are forced to relinquish their rights before punishment is determined. Our jurisprudence of due process prohibits this kind of practice, but it is routine in Federal court. For a guilty plea to comport …
Restorative Retributivism, Brian M. Murray
Restorative Retributivism, Brian M. Murray
University of Miami Law Review
The current criminal justice moment is ripe for discussion of first principles. What the criminal law is, what it should do, and why society punishes is as relevant as ever as communities reconsider the reach of the criminal law and forms of punishment like incarceration. One theory recently put forth—reconstructivism—purports to offer a descriptive and normative theory of the criminal law and punishment while critiquing the ills of the American system. It comprehends the criminal law and punishment as functional endeavors, with the particular goal of restitching or “reconstructing” the social fabric that crime disrupts. In particular, reconstructivism is a …
Making Peace With Criminals: An Economic Approach To Assessing Punishment Options In The Colombian Peace Process, Katie Kerr
University of Miami Inter-American Law Review
No abstract provided.
Sanctioning Government: Explaining America's Severity Revolution, Jonathan Simon
Sanctioning Government: Explaining America's Severity Revolution, Jonathan Simon
University of Miami Law Review
No abstract provided.
Dignity, Vengeance, And Fostering Democracy, Jaime Malamud Goti
Dignity, Vengeance, And Fostering Democracy, Jaime Malamud Goti
University of Miami Inter-American Law Review
No abstract provided.
Of Flogging And Electric Shock: A Comparative Tale Of Colonialism, Commonwealths, And The Cat-O'-Nine Tails, Holly S. Harvey
Of Flogging And Electric Shock: A Comparative Tale Of Colonialism, Commonwealths, And The Cat-O'-Nine Tails, Holly S. Harvey
University of Miami Inter-American Law Review
No abstract provided.